Richmond v. Dofflemyer

In Richmond v. Dofflemyer (1980) 105 Cal. App. 3d 745, the court responded to a very similar objection. There, the appellants also argued that the court abused its discretion by failing to assign them a fair share of "the more valuable parts of the ranch as well as the less valuable . . . ." Affirming the judgment of partition, the court held: "Quality and quantity are to be considered in the allotments by the referee but the determinative factor is that each party shall receive an allotment equal to his interest in the whole of the property.To divide the property in question among seven individuals and the trust in a way that would give each party a proportionate share of each of the five classifications of land would be an almost impossible task. Even if such a feat could be accomplished, it is probable that such a division would result in a patchwork of ownership, with all of the parties owning fairly small disconnected pieces of property rendering highly unlikely the utilization of the land to its greatest potential." (Id. at p. 760.)